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SAINTE-ANNE-DES-PLAINES · FUNDS AND COMMITMENTS

Reading a refundable lease deposit before calling it invested capital

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A refundable security deposit under a commercial lease is not automatically part of a qualifying E-2 investment, and it is not automatically excluded either. What decides the question is the actual agreement: who holds the money, what it secures, and on what conditions it comes back. Gather the document and the payment record before describing the amount as committed capital.

01

Collect the terms, not the number

Read the lease and any side letter for the deposit clause: who holds the funds, which obligations they secure, the conditions and timing of return, the landlord's right to apply them against arrears or damage, and whether a personal guarantee sits alongside. Note who paid — the individual or the company — and from which account. A figure on a budget line tells a reviewer nothing about any of this, and the terms are what an assessment would be based on.

02

Keep the funding categories apart

Show the lawful source of the money and a dated path from that source to the recipient. Separate what has been paid, what is contractually committed, and what is still only proposed. The substantiality of an investment is assessed in relation to the enterprise, which must be a real operating business meeting the non-marginality requirement. The FAM recognizes that funds may be committed through a qualifying escrow arrangement tied to the visa outcome; that is a different thing from a landlord's deposit, and refundable deposits are not all in the same position.

03

Explain what the premises do for the business

Hypothetical example: a person living in Sainte-Anne-des-Plaines signs a lease for U.S. premises and pays a deposit while the purchase of the business remains conditional. The enterprise itself has to be in the United States, though continuing to live in the municipality is a separate question. Explain what the site would be used for, when operations would begin, and what happens to the deposit if the transaction does not close. An immigration review does not tell you whether the lease is a sound commercial bargain. Qualifying treaty nationality, at-risk capital and the ability to develop and direct remain separate requirements; the deposit alone does not establish them.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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